Quick answer
When you pay for a website, you are buying five separate things, and most contracts mix the ownership of those five in ways that surprise the buyer. The five are the domain name, the design files, the code, the content, and the customer data. Each has a different owner under a builder, a freelance designer, an agency, or a managed subscription, and each survives — or vanishes — at the end of the relationship. The clearest way to avoid an unpleasant surprise is to ask who owns each of the five before you sign.
The five things a website is made of
A website is not a single object — it is a stack of assets, and each asset has a different owner by default.
The domain name is the address people type (yourcompany.ca). The registered owner is whoever's name is on the registrar account. The domain is yours as long as the account is yours and the registration is renewed.
The design files are the working files the designer uses — Figma, Sketch, or Adobe XD files, original photography, logo, brand assets. These are not always part of what you receive; sometimes the studio keeps them, sometimes the contract does not mention them.
The code is the HTML, CSS, JavaScript, and any back-end code that produces the working site. Under a builder, the code is owned by the builder. Under a custom build, the code is usually yours unless the contract says otherwise.
The content is the words, the photos, and the videos on the site. Content you supplied is yours by default. Content the studio created is governed by the contract, and the default in many contracts is that the studio owns the underlying work until you pay for a transfer.
The customer data is the form submissions, the email list, the booking records, and the analytics. The owner of the data is the owner of the system that holds it — if you stop paying a managed subscription, the data may not be retrievable.
The combined cost of these five is the line-item view in the website cost guide for Canadian small businesses. The ownership view is below.
Who owns what under each common arrangement
The four common paths each handle ownership differently, and the differences are larger than most buyers expect.
| Path | Domain | Design files | Code | Content | Customer data |
|---|---|---|---|---|---|
| DIY builder (Wix, Squarespace) | Yours, if registered in your account | Not applicable (no source files) | The builder's, you license it | Yours | Yours, on the builder's platform |
| Freelance designer | Yours, if you register it | Sometimes included, often negotiated | Usually yours at project end | Yours (yours + theirs, depending on what they wrote) | Yours, you own the form responses |
| Custom agency | Yours, often registered in their account for the project | Often excluded unless paid for | Often licensed, not transferred | Yours, plus a licence-back for the studio's portfolio | Often held by the agency, with a data-handling clause |
| Managed subscription (Seaway Sites) | Yours, registered in your account from day one | Available on request | Hosted and portable on request | Yours | Yours, exportable on request |
Under a builder, you own the content and the domain, but the code lives on a platform you do not control. Under a freelance designer, the design files are the most common surprise. Under an agency, the contract often includes a licence-back and the code is sometimes licensed rather than transferred. Under a managed subscription, the day you stop paying is the day the site goes dark — a well-run subscription exports your data and content on request.
For the financial tradeoffs between a one-time build and a monthly plan, the managed vs one-time website guide is the next read. If you are still working out which features are worth owning, the small-business website checklist is a useful companion.
Questions to ask before you sign anything
A careful buyer asks these questions, and a careful studio answers without hesitation.
Who registers the domain, and in whose name? You, in your account, with a registrar you control. If the studio registers it in their own account, the domain is theirs until they transfer it.
Will I receive the design files at the end of the project? Usually no, not by default. The Figma or Sketch files are the studio's working tool and are usually excluded. If they matter to you, ask, and budget for them.
Will I receive the code? In a freelance project, usually yes. In an agency project, sometimes licensed. In a builder, no — the code is on the builder's platform.
Who owns the copy and photography I did not supply? The underlying work usually stays with the studio, with a licence for you to use it. If you want full ownership, ask, and expect to pay a buyout.
What happens to my customer data if I cancel? A full export, in a usable format, within a defined window after cancellation. If the answer is vague, that is your answer.
What is the cost to migrate the site to another provider? In a custom build, your time plus a few hundred dollars for hosting. In a builder, your time plus a rebuild. The answer tells you whether you actually own the site in any practical sense.
Is there an annual maintenance fee, and what does it cover? A clear answer is a useful signal about the studio's long-term thinking. A vague answer is a signal the other way.
The cheapest studio to switch away from is the one you have not yet signed.
What to do next
Share your business name and a few details, and Seaway Sites will prepare one personalised initial direction — free, so you can see the ownership terms on a real project. Request your free website preview.
Frequently asked questions
Do I own my website if I pay someone to build it? Usually, yes — code and content are yours, and the design files are usually excluded. The most common surprise is the domain being registered in the studio's account.
Do I own my domain name? You own the domain if it is registered in your name at the registrar and the registration is kept current. If someone else paid for the registration in their own account, the domain is theirs.
What happens to my website if I stop paying a managed subscription? A well-run managed subscription will export your content and customer data on request. A poorly run one will not, which is why the cancellation terms are the most important part of the contract to read before you sign.
Related guides in this cluster
- One-page vs multi-page website: which does your business need? — how the number of pages affects what you own and what it costs
- Website builder vs web designer: which is better for a Canadian small business? — ownership differences between builder platforms and custom builds
- Questions to ask a web designer before you sign a contract — the ownership questions to settle before signing
- Common problems we notice on Canadian small-business websites — the recurring ownership and quality issues we see in audits
Sources and references
- Seaway Sites public service terms and handoff model, used only for the first-party Seaway Sites examples in this guide.
- ICANN registrar-ownership rules for domain names (general reference, applicable in Canada).
- Canadian Copyright Act — works made in the course of employment and commissioned works (general reference).
